H. B. 2135
(By Delegate Kiss)
[Introduced February 16, 1993; referred to the
Committee on Government Organization.]
A BILL to amend and reenact section eighteen, article two,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, relating to allowing
members and officers of the department of public safety to
work private jobs during nonduty hours.
Be it enacted by the Legislature of West Virginia:
That section eighteen, article two, chapter fifteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 2. DEPARTMENT OF PUBLIC SAFETY.
§15-2-18. Officers or members demanding or receiving unlawful
inducements; general penalty; providing
extraordinary police or security services by
contract; private employment of officers and members
during nonduty hours; promulgation of rules.
(a) Any officer or member of the department of public safety
who hires himself or herself to any person, firm or corporationto guard private property, or who demands or receives from any
person, firm or corporation any money or other thing of value as
a consideration for the performance of, or the failure to
perform, his or her duties under the regulations of the
superintendent and the provisions of this article, shall be
guilty of a felony, and, upon conviction thereof, shall be
confined in the penitentiary for not less than one nor more than
five years, and any such officer or member of the department of
public safety who violates any other provisions of this article,
for which no other penalty is expressly provided, shall be guilty
of a misdemeanor, and, upon conviction thereof, shall be fined
not less than twenty-five dollars nor more than two hundred
dollars, or imprisoned in the county jail for not more than four
months, or both fined and imprisoned.
(b) Notwithstanding any other provision of this article, the
superintendent may contract with public, quasi-public, military
or private entities to provide extraordinary police or security
services by the department when it is determined by the
superintendent to be in the public interest. The superintendent
shall assign such personnel, equipment or facilities as is deemed
necessary and the department shall be reimbursed for the wages,
overtime wages, benefits and costs of providing the contract
services as negotiated between the parties. The compensation
paid to public safety personnel by virtue of contracts provided
for in this section shall be paid from a special account and
shall be excluded from any formulation used to calculate anemployee's benefits. All requests for obtaining extraordinary
police or security services shall be made to the superintendent
in writing and shall explain the funding source and the authority
for making such a request. No officer or member of the
department shall be required to accept any assignment made
pursuant to this subsection. Every officer or member assigned to
duty hereunder shall be paid according to the hours and overtime
hours actually worked notwithstanding that officer's or member's
status as exempt personnel under the Federal Labor Standards Act
or applicable state statutes. Every contract entered into under
this subsection shall contain the provision that in the event of
public disaster or emergency where the reassignment to official
duty of all officers and members is required, neither the
department nor any of its officers or members shall be liable for
any damages incurred as the result of the reassignment. Further,
any entity contracting with the department of public safety under
this section shall also agree as part of that contract to hold
harmless and indemnify the state, department of public safety and
its personnel from any liability arising out of employment under
the contract.
(c) The provisions of this section do not prohibit an
officer or member of the department from accepting private lawful
employment during nonduty hours, and receiving compensation
therefore, from his or her private employer. No officer or
member of the department may wear a standard uniform of the
department, or a uniform deceptively similar thereto, whileengaged in such private employment.
(d) The superintendent is authorized to promulgate
legislative rules and regulations in accordance with chapter
twenty-nine-a of this code relating to the implementation of any
contracts made under this subsection (b) of this section and
relating to the acceptance of private employment by officers and
members in accordance with subsection (c) of this section:
Provided,
That said regulations rules shall expressly prohibit
private employment of officers or members in circumstances
involving labor disputes.
NOTE: The purpose of this bill is to repeal the current
prohibition against state policemen working private jobs on their
nonduty time.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.